Justin Amash: Trump's emergency declaration for southern border is unconstitutional

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Justin Amash: Trump's emergency declaration for southern border is unconstitutional
by Daniel Jativa
 | March 03, 2019 10:33 AM



Rep. Justin Amash, R-Mich., argued Sunday that President Trump's declaration of a national emergency on the southern border falls outside of the president's constitutional limits.

The congressman told CNN's Jake Tapper on "State of the Union" that a national emergency declaration violates core constitutional principles of separation of powers and warned his fellow Republicans against setting this legal precedent.

"We have a separation of powers under the Constitution. The legislative branch, Congress handles legislative powers. And this is something that we have had going through Congress for the past several years, Amash told Tapper. "There's been discussions about border wall or fencing. We've passed appropriations bills. The president has signed the bills. He hasn't vetoed the bills. If he wanted to say that there was a crisis, he could have vetoed the legislation. He's never vetoed appropriations."

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"I think the president is violating our constitutional system. And I don't think Congress can grant legislative powers to the president by statute. You can't just pass a statute that says the president now has appropriations power and bypass Congress," he added.


Well, that’s exactly what happened in the 1976 emergency declaration law. Similarly, the War Power Act relinquished some congressional authority to the executive for the use of military force.